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(영문) 의정부지방법원 고양지원 2015.06.19 2015고정526
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by 2,00,000 won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall distribute obscene images through an information and communications network.

【2015 High Court Decision 2016】 On September 13, 2012, 2012, the Defendant opened a video file with a face-to-face page with a face-to-face page of “G” connected to D, an Internet file-sharing site at a closed area of Yeongdeungpo-gu Seoul, Seoul, to Adi/E/F, and opened the video file with a face-to-face page of “G,” which was exposed to a face-to-face page of “G,” and the same year.

9. At around 16 13:41, a file-sharing site H, linked to Adi/Line “E/F” and distributed obscene video files in a way that they download the video files, the sexual intercourse of which was exposed to the sexual organ of “I” and whose sexual character is exposed to H, and allow unspecified members to peruse or download them.

【2015 High 527】 On April 16, 2013, the Defendant distributed obscene images in such a way as to enable an unspecified member to download them by downloading the video files with the face-to-face image files exposed to the sexual origin of both men and women and having sexual intercourses, as the title “J”, which is a file sharing site operated as a membership system at H’s place of residence in Seoul.

Summary of Evidence

【2015 fixed-term526】

1. Defendant's legal statement;

1. Escopic data (D) 【2015 high-scale 527】

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of fines concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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